fails to trans how appropria made. commission current ex submitted. tures of their departments or offices under their charge, which estimate shall be transmitted to the city council. In case of the failure When mayor of the mayor to transmit in writing to the city council a recom- mit recom mendation for an appropriation of money for any purpose deemed mendation, by the council to be necessary, and after having been so requested tions are by vote of the city council, said council, after the expiration of seven days after such vote, upon its own initiative, may make an appropriation for such purpose by a vote of at least two thirds of its members, and shall in all cases make such appropriations in detail, clearly specifying the amount to be expended for each particular purpose; and in cities having the commission form of govern- In cities with ment, so-called, each commissioner or director shall, within thirty for days after the annual organization of the city government, submit government, how annual to the commissioner or director of finance estimates in such detail budget of as he may require of the amounts deemed necessary for the current penses is expenses for their respective departments, and the commissioner or director of finance shall within thirty days thereafter submit to the city council a budget consisting of an itemized and detailed statement of the money required, and may submit thereafter supplemental budgets until such time as the tax rate for the year shall be fixed, and the budget or budgets shall be passed by a majority vote of the city council. In case of the failure of the finance com- When director missioner or director to transmit in writing to the city council a to transmit recommendation for an appropriation of money for any purpose dation, how deemed by the council to be necessary, and after having been re- appropriations quested by vote of the city council, said council, after the expiration of seven days after such vote, upon its own initiative, may make an appropriation for such purpose by a vote of at least two thirds of all its members, and shall in all cases make such appropriations in detail, clearly specifying the amount to be expended for each particular purpose. In the period after the expiration of any fiscal year Before regular and before the regular appropriations have been made by the city are made, council, liabilities may be incurred and expenditures made payable out of the regular appropriations to an amount not exceeding in any month sums spent for similar purposes during any one month of the preceding year, or may expend in any one month for any officer or board created by law an amount not exceeding one twelfth of the estimated cost for that year, but all interest and debt falling due in said period shall be paid. of finance fails recommen are made. appropriations how expendipayable, etc. tures are be enforced. SECTION 21. The supreme judicial court or the superior court, How act may by mandamus or other appropriate remedy at law or in equity, upon the suit or petition of the attorney-general or of the mayor, or of one or more taxable inhabitants of a city, town or district authorized by law to incur debt, or of any creditor to whom a city Repeal. Act, how construed as affecting any debt incurred. Certain provi sions to be construed as Time of taking effect. or town or district authorized by law to incur debt is indebted to an amount not less than one thousand dollars, may compel such city or town or district, and its assessors, collectors, treasurer, commissioners of sinking funds and other proper officers, to conform to the provisions of this act. SECTION 22. All acts and parts of acts and all provisions of any city charter inconsistent herewith, except such as relate to sinking funds established prior to the passage of this act, are hereby repealed, and all ordinances of any city and all by-laws of any town. inconsistent herewith are hereby annulled; but neither this section nor any other part of this act shall be construed as affecting the validity of any debt incurred by virtue of authority granted therefor prior to the passage of this act, or as affecting the right of any city, town or district to incur, renew, fund or refund any debt in accordance with the provisions of any special act passed prior to the passage of this act; nor shall the restrictions of this act exempt a city, town or district authorized to incur debt from its liability to pay debts contracted for purposes for which it may lawfully expend money; nor shall anything in this act be construed as prohibiting any city, town or district authorized to incur debt from placing additional restrictions upon the manner of incurring debt, not inconsistent with this act. SECTION 23. The provisions of this act, so far as they are the same as those of existing statutes, shall be construed as continuations thereof and not as new enactments, and a reference in a statute which has not been repealed to provisions of law which are revised and re-enacted herein shall be construed as applying to such provisions as so incorporated in this act. The provisions of this act shall not affect any act done, liability incurred, or any right accrued and established, or any suit or prosecution, civil or criminal, pending or to be instituted, to enforce any right or penalty or to punish any offence under the authority of existing laws; but the proceedings in such cases shall conform to the provisions of this act. SECTION 24. Sections thirteen, fourteen and nineteen of this act shall take effect upon its passage, and cities and towns incurring debts in accordance with the provisions of section eleven of chapter twenty-seven of the Revised Laws and of acts in amendment thereof, prior to the first day of January, nineteen hundred and fourteen, shall make provision for the payment thereof in the manner provided for by section fourteen of this act; and the remainder of this act shall take effect on the first day of January, nineteen hundred and fourteen. [Approved May 28, 1913. Acts of 1913, Chapter 727. An Act relative to the Issuing of Notes by Fire, Water, Watch, Light and Improvement Districts. bureau of notes by fire districts, etc. SECTION 1. The director of the bureau of statistics shall pre- Director of pare for the use of the treasurer of each fire, water, watch, light statistics to and improvement district now or hereafter created in accordance for issue of prepare forms with any statute of the commonwealth, forms for the issue of notes for money borrowed by such districts. Every such note shall state upon its face the amount of the same; the date of issue, which date shall be construed as the date from which interest is payable; the date when it will become due for payment; and such other matter as the director of the bureau of statistics may deem necessary; and a record of every such note shall be kept by the treasurer of the district in such form as the director of the bureau of statistics may designate. fire district, etc., to use serial forms of notes. Amended. 1914, 55 § 1. Notes, when recorded, to be sent director of bureau of SECTION 2. Whenever a fire, water, watch, light or improvement Treasurer of district wishes to borrow money in anticipation of revenue or for any other purpose, the treasurer thereof shall make a note or notes for the amount of the proposed loan and shall use one or more, in serial order, of the forms provided for in section one of this ect, with the blank spaces thereon properly filled in, except that the rate of interest need not be designated prior to the certification of the note as hereinafter provided for. Every such note shall be signed Notes, how signed. by the treasurer, and a majority of the [board of trustees] prudential committee or commissioners shall countersign and approve the same in the presence of the clerk of the district, who shall certify to the fact on the face of the note. The treasurer, after making a record of the transaction in accordance with the provisions of section one, shall forward every such note to the director of the bureau of statistics, together with a copy of said record, and a copy of the vote certification. authorizing the loan, certified by the clerk of the district, and a certification by said clerk that the person whose signature appears upon the note as that of the treasurer was the duly authorized treasurer of the district at the date when such signature was made, and that the persons whose signatures appear upon the note as those of a majority of the [trustees] prudential committee or commissioners of the district were the duly qualified [trustees] members of the prudential committee or commissioners when such signatures were made; and the treasurer shall furnish such other information in connection with the financial condition of the district as the director of the bureau of statistics may, in his judgment, require to enable him properly to certify the note as provided for in section three of this act; and he shall at the same time forward the fee provided for Fee. statistics for Director of bureau of statistics to certify and return notes, etc. Amended. 1914, 55, § 2. Demand note not to be certified. Fees charged Treasurer to refund fee on any note cancelled. When note is paid, director, etc., to be notified. Penalty. Time of taking effect. by section four of this act. Neither this section nor any port of this act shall be construed as affecting the validity of any debt incurred by virtue of authority granted therefor prior to the passage of this act, or as affecting the right of any district to incur, renew, fund, or refund any debt in accordance with the provisions of any special act passed prior to the passage of this act. SECTION 3. If, upon examination of a note forwarded to him as provided for by section two of this act, the director of the bureau of statistics finds that the note appears to have been duly issued in accordance with a vote of the district which authorized the same, or in accordance with an act of the general court, he shall so certify, and shall thereupon return the note by registered mail to the treasurer of the district or, under such regulations as he may prescribe and if so authorized by the treasurer with the approval of the [trustees] prudential committee or commissioners of the district, he may deliver a certified note to the payee thereof. The director shall not certify any note payable on demand. The director is authorized to certify to the issue of a note, provided that the other conditions of this act have been complied with, on any date not earlier than three days prior to the date of issue as it appears on the note. SECTION 4. The director of the bureau of statistics shall establish a reasonable fee to be charged for every note certified under the provisions of this act, but he is authorized to refund any fee collected in case a note is cancelled before any money is obtained thereon, and he shall turn over monthly to the treasurer of the commonwealth all fees collected, less the amount of refunds; and the treasurer of the commonwealth is authorized to refund the amount of any fee deposited with him by said director for the certification of any note which may be cancelled before money is obtained thereon. SECTION 5. Whenever any note issued by a fire, water, watch, light or improvement district within the commonwealth, whether such note was issued before or after the passage of this act, shall become due and shall have been paid, the treasurer of such district shall immediately notify the director of the bureau of statistics of such payment. SECTION 6. The treasurer of any fire, water, watch, light or improvement district who violates any provision of this act shall be liable to a fine of not less than one hundred nor more than five hundred dollars. SECTION 7. This act shall take effect on the first day of January, in the year nineteen hundred and fourteen. [Approved May 29, 1913. ENLARGEMENT OF PLANT. of plant. SECTION 99. A city or town which owns such a plant Enlargement shall not, except by a vote taken in the manner prescribed 1891, 370, § 5. in section six of chapter seven hundred and nineteen of R. L. 34, § 9. the acts of the year nineteen hundred and thirteen, reconstruct, enlarge or extend the same beyond the necessary and ordinary maintenance, repair and replacement thereof, or the provision of increased appliances necessary to distribute gas or electricity to new consumers. PURCHASE OF EXISTING PLANT. existing 1891, 370, § 12. 538. 179 Mass. 382. SECTION 100. If, when a city or town votes to estab- Purchase of lish a municipal lighting plant, any person or corporation plant. engaged at the time of the first vote required by sections 1893, 454, 85. ninety-three and ninety-four of this act in the business 1.1.34, § 10. of generating or distributing gas or electricity for sale for 1903, 255. lighting purposes in such city or town shall elect to sell in the manner hereinafter provided, the city or town shall purchase of him or it such portion of his or its plant and property within the limits of such city or town as is suitable for, and is used in connection with, such business. Such purchase shall be required to include both a gas and electric lighting plant only if a single corporation owns or operates both such plants. If the main gas works or the central electric station lie within the city or town limits, such city or town shall purchase the whole of such plant and the property used in connection therewith, lying within such limits, at its fair market value for the purposes of its use, taking into account any depreciation or obsolescence thereof or of any part thereof; but no portion of such plant shall be estimated at less than its fair market value for any other purpose, including, as an element of value, the damages, if any, caused by the severance of any portion of such plant lying outside such city or town limits, if they are not purchased by the city or town, and excluding any mortgage or other encumbrance or lien to which such plant or any part thereof may be subject at the time of such purchase. The city or town may require the plant and property to be transferred to it free of any mortgage or lien unless the commissioners, under the provisions of the following section, otherwise determine. Such value shall |